Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page
7521

STATE OF MINNESOTA

EIGHTY-FIFTH
SESSION-2007

_____________________

SEVENTY-FIFTH
DAY

Saint Paul, Minnesota, Monday, May 21, 2007

The House of Representatives convened at 9:00 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.

Prayer was offered by the Reverend Paul Rogers, House Chaplain.

The members of the House gave the pledge of allegiance to the
flag of the United States of America.

The roll was called and the following members were present:

Abeler

Anderson, B.

Anderson, S.

Anzelc

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Kranz

Laine

Lanning

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher

A quorum was present.

Carlson and Ozment were excused until 9:35 a.m.Atkins was excused until 9:40 a.m.Lenczewski was excused until 9:45 a.m.Beard and Hoppe were excused until 9:55 a.m.Berns was excused until 10:25 a.m.Walker was excused until 10:30 a.m.

The Chief Clerk proceeded to read the Journal of the preceding
day.Lillie moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk.The motion prevailed.

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page
7522

INTRODUCTION AND FIRST READING
OF HOUSE BILLS

The following House Files were introduced:

Ozment, McNamara, Garofalo and Hansen introduced:

H. F. No. 2548, A bill for an act relating to capital
improvements; authorizing spending for public purposes; appropriating money for
reconstruction of interchange of County Road 42 at marked Trunk Highway 52 in
Dakota County.

The bill was read for the first time and referred to the
Committee on Finance.

Page
98, line 4, after the period, insert "The public member shall be
appointed for a term to end December 31, 2010."

Page
174, after line 11, insert:

"The
board shall make recommendations by October 1, 2008, to the chairs of the
standing committees of the senate and house of representatives having
jurisdiction over high pressure piping regulation on the ratio of licensed
individual contracting high pressure pipefitters or licensed journeyman high
pressure pipefitters to pipefitter apprentices or registered unlicensed
individuals for purposes of supervision."

Page
177, line 19, after the period, insert "The public member shall be appointed
for a term to end December 31, 2010."

We request the adoption of this report and repassage of the
bill.

House Conferees:Tim Mahoney, Michael V. Nelson and Dennis
Ozment.

Senate Conferees:Linda Scheid, Dan Sparks and Geoff Michel.

Mahoney moved that the report of the Conference Committee on
H. F. No. 1208 be adopted and that the bill be repassed as
amended by the Conference Committee.

Westrom moved that the House refuse to adopt the Conference
Committee report on H. F. No. 1208 and that the bill be returned to the
Conference Committee.

A roll call was requested and properly seconded.

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page 7525

The question was taken on the Westrom
motion and the roll was called.There
were 38 yeas and 88 nays as follows:

Those who voted in the affirmative were:

Anderson, B.

Anderson, S.

Brod

Buesgens

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Hackbarth

Hamilton

Heidgerken

Holberg

Kohls

Lanning

Magnus

McFarlane

McNamara

Nornes

Olson

Paulsen

Peppin

Peterson, N.

Ruth

Seifert

Severson

Shimanski

Simpson

Sviggum

Urdahl

Wardlow

Westrom

Zellers

Those who
voted in the negative were:

Abeler

Anzelc

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Clark

Cornish

Davnie

Dean

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Gardner

Greiling

Gunther

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Wagenius

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher

The motion did not prevail.

The question recurred on the Mahoney motion that the report of
the Conference Committee on H. F. No. 1208 be adopted and that
the bill be repassed as amended by the Conference Committee.The motion prevailed.

The bill was read for the third time, as amended by Conference,
and placed upon its repassage.

The question was taken on the repassage of the bill and the
roll was called.There were 90 yeas and
36 nays as follows:

Those who voted in the affirmative were:

Abeler

Anzelc

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Clark

Davnie

Dean

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Gunther

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Wagenius

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher

Those who voted in the negative were:

Anderson, B.

Anderson, S.

Brod

Buesgens

Cornish

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gottwalt

Hackbarth

Hamilton

Heidgerken

Holberg

Kohls

Lanning

Magnus

McFarlane

Nornes

Olson

Paulsen

Peppin

Ruth

Seifert

Severson

Shimanski

Simpson

Sviggum

Urdahl

Wardlow

Westrom

Zellers

The bill was repassed, as amended by Conference, and its title
agreed to.

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page
7527

CALENDAR FOR THE DAY

S. F. No. 1196, A bill for an act relating to housing; creating
the Minnesota manufactured home relocation trust fund; requiring that a
manufactured home park owner make specified payments to the trust fund;
requiring an owner of a manufactured home who rents a lot in a manufactured
home park to make an annual payment to the trust fund; authorizing advances to
the Minnesota manufactured home relocation trust fund; amending Minnesota
Statutes 2006, sections 327C.095, subdivisions 1, 4, by adding subdivisions;
462A.21, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 462A.

The bill was read for the third time and placed upon its final
passage.

The question was taken on the passage of the bill and the roll
was called.There were 112 yeas and 22
nays as follows:

Those who voted in the affirmative were:

Abeler

Anderson, B.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Winkler

Wollschlager

Spk. Kelliher

Those who voted in the negative were:

Anderson, S.

Berns

Buesgens

Dean

DeLaForest

Demmer

Dettmer

Emmer

Hackbarth

Holberg

Hoppe

Kohls

Nornes

Olson

Paulsen

Peppin

Seifert

Simpson

Smith

Sviggum

Westrom

Zellers

The bill was passed and its title agreed to.

There being no objection, the order of business reverted to
Messages from the Senate.

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page
7528

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Madam Speaker:

I hereby announce the passage by the Senate of the following
House Files, herewith returned:

H. F. No. 2293, A bill for an act relating to claims against
the state; providing for settlement of various claims; appropriating money.

Subd.
10.Cooperative purchasing.The
commissioner is authorized to enter into a cooperative purchasing agreement for
the provision of goods, services, and utilities with one or more other states
or governmental units, as described in section 471.59, subdivision 1, entities
defined in section 16C.23, subdivision 1, a registered combined charitable
organization and its affiliated agencies as defined by section 309.501, or
a charitable organization defined in section 309.50, subdivision 4, that is
also a recipient of a state grant or contract, or a nonprofit community
health clinic defined in section 145.9268.The commissioner is authorized to enter into cooperative purchasing
agreements for the purchase of goods, services, and utilities with health care
facilities that are required to provide indigent care or any entity recognized
by another state's statutes as authorized to use that state's commodity or
service contracts.

Subd.
11.Dispensing
by protocol.Subject to the
requirements of this subdivision, a registered nurse in a family planning
agency as defined in Minnesota Rules, part 9505.0280, subpart 3, may dispense
oral contraceptives prescribed by a licensed practitioner as defined in section
151.01, subdivision 23, pursuant to a dispensing protocol established by the
agency's medical director or under the direction of a physician.The dispensing protocol must address the
requirements of sections 151.01, subdivision 30; and 151.212, subdivision
1.In addition, the registered nurse
may not dispense oral contraceptives if the patient is under 12 years of age.

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page
7530

Sec. 3.FAMILY
PLANNING REIMBURSEMENT RATES.

The
commissioner of human services shall work with family planning clinics to
determine a proposed adjusted medical assistance reimbursement rate or rates
for family planning services to adequately cover the cost of covering those
services.The commissioner shall report
to the legislature the proposed adjusted rates by January 15, 2008."

Subd.
6.Financial
audits.The legislative auditor
shall audit the financial statements of the state of Minnesota required by
section 16A.50 and, as resources permit, shall audit Minnesota State Colleges
and Universities, the University of Minnesota, state agencies, departments,
boards, commissions, courts, and other state organizations subject to audit by
the legislative auditor, including the State Agricultural Society, Agricultural
Utilization Research Institute, Minnesota Technology, Inc., the Minnesota
School Employee Insurance Board, Minnesota Historical Society, Labor
Interpretive Center, Minnesota Partnership for Action Against Tobacco, Metropolitan
Sports Facilities Commission, Metropolitan Airports Commission, and
Metropolitan Mosquito Control District.Financial audits must be conducted according to generally accepted
government auditing standards.The
legislative auditor shall see that all provisions of law respecting the
appropriate and economic use of public funds are complied with and may, as part
of a financial audit or separately, investigate allegations of noncompliance by
employees of departments and agencies of the state government and the other
organizations listed in this subdivision.

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page 7532

Sec.
2.Minnesota Statutes 2006, section
13.203, is amended to read:

13.203 SERVICE COOPERATIVE AND SCHOOL
EMPLOYEE INSURANCE BOARD CLAIMS DATA.

(a)
Claims
experience and all related information received from carriers and claims
administrators participating in a group health or dental plan, including any
long-term disability plan, offered through the Minnesota service cooperatives
to Minnesota school districts and other political subdivisions or by the
Minnesota School Employee Insurance Board created under section 62A.662,
and survey information collected from employees and employers participating in
these plans and programs, except when the executive director of a Minnesota
service cooperative determines that release of the data will not be detrimental
to the plan or program, are classified as nonpublic data not on
individuals.

(b)
Data that are classified as nonpublic data under paragraph (a) may be disclosed
if the executive director of a Minnesota service cooperative or the Minnesota
School Employee Insurance Board determines that release of the data will not be
detrimental to the plan or program.

Sec.
3.[62A.662]
SCHOOL EMPLOYEE INSURANCE PLAN.

Subdivision
1.Definitions.For purposes of this section:

(1)
"eligible employee" means a person who is insurance eligible under a
collective bargaining agreement or under the personnel policy of an eligible
employer; and

(2)
"eligible employer" means a school district as defined in section
120A.05; a service cooperative as defined in section 123A.21; an intermediate
district as defined in section 136D.01; a cooperative center for vocational
education as defined in section 123A.22; a regional management information
center as defined in section 123A.23; an education unit organized under section
471.59; or a charter school organized under section 124D.10.

(3)
"health plan" means a health plan as defined in section 62A.011; and

(4)
"self-insured health benefit plan" means self-insured health care
coverage that is offered by the Minnesota School Employee Insurance Board under
this section.

Subd.
2.Creation
of board.(a) The Minnesota
School Employee Insurance Board is created as a public corporation subject to
the provisions of chapter 317A, except as otherwise provided in this
section.As provided in section 15.082,
the state is not liable for obligations of this public corporation.An eligible employer is not liable for
obligations of this public corporation.

(b)
The board shall create and administer the Minnesota school employee insurance
pool as described in this section.

(c)
Insurance plans and offerings must be effective July 1, 2009.

(d)
If the board does not offer coverage by December 15, 2010, the board expires
and this section expires on that date.

(1)
seven members representing exclusive representatives of eligible employees,
appointed by exclusive representatives, as provided in paragraph (b); and

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page 7533

(2)
seven members representing eligible employers, appointed by the Minnesota
School Boards Association.

(b)
The seven members of the board who represent statewide affiliates of exclusive
representatives of eligible employees are appointed as follows: four members
appointed by Education Minnesota and one member each appointed by the Service
Employees International Union, the Minnesota School Employees Association, and
American Federation of State, County, and Municipal Employees.

(c)
Appointing authorities must make their initial appointments no later than
August 1, 2007, by filing a notice of the appointment with the commissioner of
commerce.Notices of subsequent
appointments must be filed with the board.An entity entitled to appoint a board member may replace the board
member at any time.

(d)
Board members are eligible for compensation and expense reimbursement under
section 15.0575, subdivision 3.

(e)
The board must arrange for one or more methods of dispute resolution so as to
minimize the possibility of deadlocks.

(f)
The board shall establish governance requirements, which may include staggered
terms, term limits, quorum, a plan of operation, and audit provisions.The board is subject to financial audit by
the legislative auditor under section 3.971, subdivision 6.

Subd.
4.Design
and nature of plan.(a)
Health coverage offered through the Minnesota school employee insurance pool
shall be made available by the board to all eligible employees of eligible
employers, as defined in subdivision 1.

(b)
If an eligible employer provides health coverage or money to purchase health
coverage to eligible employees, the coverage must be provided or purchased only
through the health plans or self-insured health benefit plans offered by the
board.

(c)
Nothing in this section affects the right of each eligible employer to
determine, through collective bargaining under the public employment labor
relations act:

(1)
the employer's eligibility requirements regarding the terms and conditions under
which employees, dependents, retirees, and other persons are eligible for
health coverage from the employer;

(2)
how much of the premium charged for the insurance will be paid by the employer
and how much will be paid by the eligible person; and

(3)
which health plans or self-insured health benefit plans offered by the board
will be made available by the eligible employer.

(d)
The board must initially offer at least six health plans or self-insured health
benefit plans.One plan must provide
coverage without a deductible and without other enrollee cost-sharing other
than reasonable co-payments for nonpreventive care.One plan must be a high-deductible health plan that qualifies
under federal law for use with a health savings account.The other four plans must have levels of
enrollee cost-sharing that are between the two plans just described.The board may establish more than one tier
of premium rates for any specific plan.Plans and premium rates may vary across geographic regions established
by the board.Any health plan or
self-insured health benefit plan offered by the board must comply with chapters
62A, 62J, 62M, 62Q, and 72A, and must provide the optimal combination of
coverage, cost, choice, and stability in the judgment of the board.Any health plan or self-insured health
benefit plan offered must be approved by the commissioner of commerce.The board shall investigate the feasibility
of offering coverage through more than one health plan company or other network
of health care providers.

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page 7534

(e)
The board must include claims reserves, stabilization reserves, reinsurance,
and other features that, in the judgment of the board, will result in long-term
stability and solvency of the health plans and self-insured health benefit
plans offered.

(f)
The board may determine whether the plans should be fully insured through a
health carrier licensed in this state, self-insured, or a combination of those
two alternatives.If at any time any
plan offered by the board is not fully insured, the board and the self-insured
health benefit plan are subject to section 471.617 and any rules adopted under
that section, including Minnesota Rules, chapter 2785.

(g)
Any health plan or self-insured health benefit plan must include disease
management and consumer education, including wellness programs and measures
encouraging the wise use of health coverage, to the extent determined to be
appropriate by the board.

(h)
Upon request of the board, entities that are providing or have provided
coverage to employees of eligible employers within two years before the
effective date of this section, shall provide to the board at no charge
nonidentifiable aggregate claims data for that coverage.The information must include data relating
to employee group benefit sets, demographics, and claims experience.Notwithstanding section 13.203, Minnesota
service cooperatives must also comply with this paragraph.

(i)
Effective July 1, 2009, a contract entered into between an eligible employer
and an eligible employee or the exclusive representative of an eligible
employee may not contain provisions that establish cash payment in lieu of
health insurance to an eligible employee if the employee is not receiving the
payment on or before June 30, 2009.Nothing in this section prevents an eligible employee who otherwise
qualifies for payment of cash in lieu of insurance on June 30, 2009, from
continuing to receive this payment.

(j)
All premiums paid for health coverage provided by the board must be used by the
board solely for the cost of the operation of the board and the benefit of
eligible employees and eligible employers in connection with the health
coverage offered by the board.

Subd.
5.MCHA
membership and assessments.The
board is a contributing member of the Minnesota Comprehensive Health
Association and must pay assessments made by the association on its premium
revenues, as provided in section 62E.11, subdivision 5, paragraph (b).

Subd.
6.Report.The board shall report to the legislature
and to the commissioner of commerce by January 15, 2009, on a final design for
the pool that complies with subdivision 4 and on governance requirements for
the board, which may include staggered terms, term limits, quorum, and a plan
of operation and audit provisions.The
report must include any legislative changes necessary to ensure conformance
with chapters 62A, 62J, 62M, 62Q, and 72A.

Subd.
7.Progress
dependent upon funding.The
board shall carry out its obligations to the extent permitted by financial and
other resources available to the board for that purpose.The board may seek and accept gifts and
grants.

Subd.
8.Periodic
evaluation.(a) Beginning
December 15, 2009, and for the next two years, the board must submit an annual
report to the commissioner of commerce and the legislature, in compliance with
sections 3.195 and 3.197, summarizing and evaluating the performance of the
pool during the previous year of operation.

(b)
Beginning in 2013 and in each odd-numbered year thereafter, the board must
submit to the legislature a biennial report summarizing and evaluating the
performance of the pool during the preceding two fiscal years.

Subd.
9.Actuarial
study; MCHA and tax effects.(a)
The board shall have a study prepared by a qualified actuary that estimates for
the first two fiscal years of operation of the pool:

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page 7535

(1)
the rate of assessment for losses of the comprehensive health insurance plan
under section 62E.11, subdivision 5, to be paid by the pool that would provide
amounts equal to the assessments that would have been paid by providers of
coverage to eligible employers if the pool had not been established; and

(2)
the rate of tax under section 297I.05, subdivision 5, paragraph (b), that would
provide amounts equal to the premiums tax that would have been paid by providers
of coverage to eligible employers if the pool had not been established.This estimate must include the separate
amounts of the tax that would have been paid under (i) section 297I.05,
subdivisions 1 to 4, and (ii) section 297I.05, subdivision 5.

(b)
The board shall provide the study to the commissioners of commerce and revenue
by January 1, 2009.

(c)
After review of the study and after making any necessary modifications or
adjustments, the commissioner of commerce shall certify the rate under section
62E.11, subdivision 5, paragraph (b), clause (2), and shall notify the board
and the association of the rate by March 1, 2009.The rate certified applies until modified by legislation enacted
into law.

(d)
After review of the study and after making any necessary modifications or
adjustments, the commissioner of revenue shall certify the rate of tax under
section 297I.05, subdivision 5, paragraph (b), by March 1, 2009.The rate certified applies until modified by
legislation enacted into law.

Subd.
10.Applicability
of data practices laws.The
board is a government entity subject to chapter 13.

Subd.
23.Contributing member."Contributing member" means those companies regulated under
chapter 62A and offering, selling, issuing, or renewing policies or contracts
of accident and health insurance; health maintenance organizations regulated
under chapter 62D; nonprofit health service plan corporations regulated under
chapter 62C; community integrated service networks regulated under chapter 62N;
fraternal benefit societies regulated under chapter 64B; the Minnesota
employees insurance program established in section 43A.317, effective July 1,
1993; and joint self-insurance plans regulated under chapter 62H; and
the Minnesota School Employee Insurance Board created under section 62A.662.For the purposes of determining liability of
contributing members pursuant to section 62E.11 payments received from or on
behalf of Minnesota residents for coverage by a health maintenance organization
ora community integrated service network, or the Minnesota
School Employee Insurance Board shall be considered to be accident and
health insurance premiums.

Subdivision
1.Creation;
tax exemption.There is established
a Comprehensive Health Association to promote the public health and welfare of
the state of Minnesota with membership consisting of all insurers;
self-insurers; fraternals; joint self-insurance plans regulated under chapter
62H; the Minnesota employees insurance program established in section 43A.317,
effective July 1, 1993; the Minnesota School Employee Insurance Board
created under section 62A.662; health maintenance organizations; and
community integrated service networks licensed or authorized to do business in
this state.The Comprehensive Health
Association is exempt from the taxes imposed under chapter 297I and any other
laws of this state and all property owned by the association is exempt from
taxation.

Subd.
5.Allocation
of losses.(a) Each
contributing member of the association shall share the losses due to claims
expenses of the comprehensive health insurance plan for plans issued or
approved for issuance by the association, and shall share in the operating and
administrative expenses incurred or estimated to be incurred by the

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page 7536

association
incident to the conduct of its affairs.Claims expenses of the state plan which exceed the premium payments
allocated to the payment of benefits shall be the liability of the contributing
members.Contributing members shall
share in the claims expense of the state plan and operating and administrative
expenses of the association in an amount equal to the ratio of the contributing
member's total accident and health insurance premium, received from or on
behalf of Minnesota residents as divided by the total accident and health
insurance premium, received by all contributing members from or on behalf of
Minnesota residents, as determined by the commissioner.Payments made by the state to a contributing
member for medical assistance, MinnesotaCare, or general assistance medical
care services according to chapters 256, 256B, and 256D shall be excluded when
determining a contributing member's total premium.

(b)
In making the allocation of losses provided in paragraph (a), the association's
assessment against the Minnesota School Employee Insurance Board must equal the
product of: (1) the percentage of premiums assessed against other association
members; (2) the rate certified by the commissioner under section 62A.662,
subdivision 9, paragraph (c); and (3) premiums received by the Minnesota School
Employee Insurance Board.For purposes
of this calculation, premiums of the board used must be net of rate credits and
retroactive rate refunds on the same basis as the premiums of other association
members.

Subd.
5.Health
maintenance organizations, nonprofit health service plan corporations, and
community integrated service networks, and the Minnesota School Employee
Insurance Board.(a) A tax is
imposed on health maintenance organizations, community integrated service
networks, and nonprofit health care service plan corporations.The rate of tax is equal to one percent of
gross premiums less return premiums on all direct business received by the
organization, network, or corporation or its agents in Minnesota, in cash or
otherwise, in the calendar year.

(b) A
tax is imposed on the Minnesota School Employee Insurance Board under section
62A.662, to the extent the board receives amounts for coverage not otherwise
subject to tax under this section.The
rate of tax is equal to the percentage rate certified by the commissioner under
section 62A.662, subdivision 9, paragraph (d), multiplied by the gross premiums
less return premiums received in the calendar year.

(c)
The
commissioner shall deposit all revenues, including penalties and interest,
collected under this chapter from health maintenance organizations, community
integrated service networks, and nonprofit health service plan corporations in
the health care access fund.Refunds of
overpayments of tax imposed by this subdivision must be paid from the health
care access fund.There is annually
appropriated from the health care access fund to the commissioner the amount
necessary to make any refunds of the tax imposed under this subdivision.

(d) By March 1, 2009, based on the study prepared under
section 62A.662, subdivision 9, paragraph (a), the commissioner shall certify
the percentage of all revenues, including penalties and interest, collected
under this chapter from the Minnesota School Employee Insurance Board, that are
to be deposited in the general fund and the health care access fund.The commissioner shall deposit the revenues
and pay refunds of overpayments of tax imposed on the Minnesota School Employee
Insurance Board based on the certified percentage.Amounts are appropriated from the respective funds to the
commissioner to make any refunds of tax imposed under paragraph (b).

Sec.
8.INITIAL
MEETING.

The
commissioner of commerce shall convene the first meeting of the Minnesota
School Employee Insurance Board no later than 30 days after all board members
have been appointed.The board must
elect a chair or cochairs from its membership at its first meeting.

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page
7537

Sec. 9.APPROPRIATION.

$4,000,000
is appropriated in fiscal year 2008 from the general fund to the commissioner
of commerce as a loan for start-up costs to the Minnesota School Employee
Insurance Board.The Minnesota School
Employee Insurance Board must repay the loan to the general fund in ten equal
installments paid at the end of each fiscal year, beginning with the 2010
fiscal year.

Sec.
10.EFFECTIVE DATE.

This
act is effective July 1, 2007, except that sections 6 and 7, paragraph (b), are
effective July 1, 2009."

Sertich moved that the report of the Conference Committee on
H. F. No. 464 be adopted and that the bill be repassed as
amended by the Conference Committee.

Emmer moved that the House refuse to adopt the Conference
Committee report on H. F. No. 464 and that the bill be returned to the
Conference Committee.

A roll call was requested and properly seconded.

The question was taken on the Emmer motion and the roll was
called.There were 51 yeas and 82 nays
as follows:

Those who voted in the affirmative were:

Anderson, B.

Anderson, S.

Beard

Benson

Berns

Brod

Brynaert

Buesgens

Bunn

Davnie

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erhardt

Erickson

Finstad

Gardner

Garofalo

Gottwalt

Greiling

Hackbarth

Holberg

Hoppe

Kahn

Kohls

Lanning

Lillie

Loeffler

Masin

McFarlane

McNamara

Nornes

Norton

Olson

Paulsen

Peppin

Peterson, N.

Ruth

Ruud

Seifert

Severson

Shimanski

Simpson

Slawik

Wagenius

Wardlow

Westrom

Zellers

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page
7538

Those who voted in the negative were:

Abeler

Anzelc

Atkins

Bigham

Bly

Brown

Carlson

Clark

Cornish

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Gunther

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Madore

Magnus

Mahoney

Mariani

Marquart

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Sailer

Scalze

Sertich

Simon

Slocum

Smith

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher

The motion did not prevail.

The question recurred on the Sertich motion that the report of the
Conference Committee on H. F. No. 464 be adopted and that the
bill be repassed as amended by the Conference Committee.The motion prevailed.

The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee.Said House File is herewith returned to the
House.

Patrick E. Flahaven, Secretary of the Senate

There being no objection, the order of business reverted to
Reports of Standing Committees and Divisions.

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Sertich from the Committee on Rules and Legislative
Administration to which was referred:

House Concurrent Resolution No. 4, A House concurrent
resolution relating to adjournment until 2008.

Reported the same back with the following amendments:

Page 1, delete lines 4 to 8 and insert:

"(1) Upon its adjournment May 21, 2007, the House of
Representatives may set its next day of meeting for February 12, 2008, at 12:00
noon, and the Senate may set its next day of meeting for February 12, 2008, at
12:00 noon.

(2) By the adoption of this resolution, each house consents to
adjournment of the other house for more than three days."

With the recommendation that when so amended the house
concurrent resolution be adopted.

The report was adopted.

House Concurrent Resolution No. 4 was reported to the House.

HOUSE
CONCURRENT RESOLUTION NO. 4

A House concurrent resolution relating to adjournment until
2008.

Be It Resolved by the House of Representatives, the Senate
concurring:

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page 7543

(1)
Upon its adjournment May 21, 2007, the House of Representatives may set its
next day of meeting for February 12, 2008, at 12:00 noon, and the Senate may
set its next day of meeting for February 12, 2008, at 12:00 noon.

(2) By
the adoption of this resolution, each house consents to adjournment of the
other house for more than three days.

Sertich
moved that House Concurrent Resolution No. 4 be now adopted.

A roll call was requested and properly seconded.

Emmer moved to amend House Concurrent Resolution No. 4 as
follows:

Page 1, lines 5 and 6, delete "February 12"
and insert "March 3"

A roll call was requested and properly seconded.

The question was taken on the Emmer amendment and the roll was
called.There were 41 yeas and 92 nays
as follows:

Those who voted in the affirmative were:

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Dittrich

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gottwalt

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Kohls

Kranz

Magnus

McFarlane

McNamara

Nornes

Ozment

Paulsen

Peppin

Ruth

Seifert

Severson

Shimanski

Simpson

Sviggum

Wardlow

Westrom

Zellers

Those who voted in the negative were:

Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Gunther

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Olson

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher

The motion did not prevail and the amendment was not adopted.

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page 7544

The question recurred on the Sertich
motion and the roll was called.There
were 117 yeas and 17 nays as follows:

Those who voted in the affirmative were:

Abeler

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davnie

DeLaForest

Demmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Erhardt

Faust

Fritz

Gardner

Gottwalt

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Kranz

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Sertich

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Spk. Kelliher

Those who voted in the negative were:

Anderson, B.

Buesgens

Dean

Dettmer

Emmer

Erickson

Finstad

Garofalo

Hackbarth

Heidgerken

Nornes

Olson

Peppin

Seifert

Severson

Shimanski

Zellers

The motion prevailed and House Concurrent Resolution No. 4 was
adopted.

Sertich moved that the House recess subject to the call of the
Chair.The motion prevailed.

RECESS

RECONVENED

The House reconvened and was called to order by Speaker pro
tempore Thissen.

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Madam Speaker:

I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:

H. F. No. 562, A bill for an act relating to towns;
appropriating money for town road signs.

Patrick E. Flahaven, Secretary of the Senate

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page 7545

CONCURRENCE
AND REPASSAGE

Lieder moved that the House concur in the Senate amendments to
H. F. No. 562 and that the bill be repassed as amended by the
Senate.The motion prevailed.

The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.

The question was taken on the repassage of the bill and the
roll was called.There were 95 yeas and
39 nays as follows:

Those who voted in the affirmative were:

Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher

Those who voted in the negative were:

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Kohls

Lanning

Magnus

Nornes

Olson

Paulsen

Peppin

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Sviggum

Wardlow

Westrom

Zellers

The bill was repassed, as amended by the Senate, and its title
agreed to.

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page
7546

REPORTS FROM THE COMMITTEE ON
RULES AND

LEGISLATIVE
ADMINISTRATION

Sertich, for the Committee on Rules and Legislative
Administration, offered the following resolution and moved its adoption:

Be It Resolved, by the House of Representatives of the
State of Minnesota, that it retains the use of the Speaker's parking place in
front of the capitol building just east of the porte-cochère and parking lots
B, BB, C, D, N, O, and the state office building parking ramp for members and
employees of the House of Representatives during the time between adjournment
of the Regular Session in 2007 and the convening of the House of
Representatives in 2008.The Sergeant
at Arms is directed to manage the use of the lots and ramp while the House of
Representatives is adjourned.The
Controller of the House may continue to deduct from the check of any legislator
or legislative employee a sum adequate to cover the exercise of the parking
privilege.

The motion prevailed and the resolution was adopted.

Sertich, for the Committee on Rules and Legislative
Administration, offered the following resolution and moved its adoption:

Be It Resolved, by the House of Representatives of the
State of Minnesota, that during the time between adjournment in 2007 and the
convening of the House of Representatives in 2008, the Chief Clerk and Chief
Sergeant at Arms under the direction of the Speaker shall maintain House
facilities in the Capitol Complex.The
House chamber, retiring room, hearing and conference rooms, and offices shall
be set up and made ready for legislative use and reserved for the House and its
committees.Those rooms may be reserved
for use by others that are not in conflict with use by the House.The House Chamber, retiring room, and
hearing rooms may be used by YMCA Youth in Government, Girls' State, Young
Leaders Organization, and 4-H Leadership Conference.

The motion prevailed and the resolution was adopted.

Sertich, for the Committee on Rules and Legislative Administration,
offered the following resolution and moved its adoption:

Be It Resolved, by the House of Representatives of the
State of Minnesota, that the Chief Clerk is directed to correct and approve the
Journal of the House for the last day of the 2007 Regular Session.

Be It Further Resolved that the Chief Clerk is
authorized to include in the Journal for the last day of the 2007 Regular
Session any proceedings, including subsequent proceedings and any legislative
interim committees or commissions created or appointments made to them by
legislative action or by law.

The motion prevailed and the resolution was adopted.

REPORT
FROM THE COMMITTEE ON RULES AND

LEGISLATIVE
ADMINISTRATION

Sertich from the Committee on Rules and Legislative
Administration, pursuant to rule 1.21, designated the following bill to be
placed on the Supplemental Calendar for the Day for Monday, May 21, 2007:

S. F. No. 108.

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page
7547

CALENDAR FOR THE DAY

S. F. No. 1966 was reported to the House.

Anzelc moved to amend S. F. No. 1966, the first
engrossment, as follows:

Delete everything after the enacting clause and insert the
following language of H. F. No. 1691, the first engrossment:

Subd.
16a.Fraternal
organization."Fraternal
organization" means a nonprofit organization which is a branch, lodge, or
chapter of a national or state organization registered by the Internal Revenue
Services as a 501(c)8 or a 501(c)10 nonprofit organization and exists for the
common business, fraternal, or other interests of its members.The term does not include college and high
school fraternities and sororities.

Subd.
25.Lawful purpose.(a)
"Lawful purpose" means one or more of the following:

(1)
any expenditure by or contribution to a 501(c)(3) or festival organization, as
defined in subdivision 15a, provided that the organization and expenditure or
contribution are in conformity with standards prescribed by the board under
section 349.154, which standards must apply to both types of organizations in
the same manner and to the same extent;

(2) a
contribution to or expenditure for goods and services for an individual or
family suffering from poverty, homelessness, or disability, which is used to
relieve the effects of that suffering;

(3) a
contribution to a program recognized by the Minnesota Department of Human
Services for the education, prevention, or treatment of problem gambling;

(4) a
contribution to or expenditure on a public or private nonprofit educational
institution registered with or accredited by this state or any other state;

(5) a
contribution to an individual, public or private nonprofit educational
institution registered with or accredited by this state or any other state, or
to a scholarship fund of a nonprofit organization whose primary mission is to
award scholarships, for defraying the cost of education to individuals where
the funds are awarded through an open and fair selection process;

(6)
activities by an organization or a government entity which recognize military
service to the United States, the state of Minnesota, or a community, subject
to rules of the board, provided that the rules must not include mileage
reimbursements in the computation of the per diem reimbursement limit and must
impose no aggregate annual limit on the amount of reasonable and necessary
expenditures made to support:

(i)
members of a military marching or color guard unit for activities conducted
within the state;

(ii)
members of an organization solely for services performed by the members at
funeral services;

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page
7548

(iii) members of military
marching, color guard, or honor guard units may be reimbursed for participating
in color guard, honor guard, or marching unit events within the state or states
contiguous to Minnesota at a per participant rate of up to $35 per diem; or

(iv)
active military personnel and their immediate family members in need of support
services;

(7)
recreational, community, and athletic facilities and activities intended
primarily for persons under age 21, provided that such facilities and
activities do not discriminate on the basis of gender and the organization
complies with section 349.154;

(8)
payment of local taxes authorized under this chapter, taxes imposed by the
United States on receipts from lawful gambling, the taxes imposed by section
297E.02, subdivisions 1, 4, 5, and 6, and the tax imposed on unrelated business
income by section 290.05, subdivision 3;

(9)
payment of real estate taxes and assessments on permitted gambling premises
owned by the licensed organization paying the taxes, or wholly leased by a
licensed veterans organization under a national charter recognized under
section 501(c)(19) of the Internal Revenue Code;

(10) a
contribution to the United States, this state or any of its political
subdivisions, or any agency or instrumentality thereof other than a direct
contribution to a law enforcement or prosecutorial agency;

(11) a
contribution to or expenditure by a nonprofit organization which is a church or
body of communicants gathered in common membership for mutual support and
edification in piety, worship, or religious observances;

(12)
payment of the reasonable costs of an audit required in section 297E.06,
subdivision 4, provided the annual audit is filed in a timely manner with the
Department of Revenue and paid prior to June 30, 2006;

(13) a
contribution to or expenditure on projects or activities approved by the commissioner
of natural resources for:

(i)
wildlife management projects that benefit the public at large;

(ii)
grant-in-aid trail maintenance and grooming established under sections 84.83
and 84.927, and other trails open to public use, including purchase or lease of
equipment for this purpose; and

(iii)
supplies and materials for safety training and educational programs coordinated
by the Department of Natural Resources, including the Enforcement Division;

(14)
conducting nutritional programs, food shelves, and congregate dining programs
primarily for persons who are age 62 or older or disabled;

(15) a
contribution to a community arts organization, or an expenditure to sponsor
arts programs in the community, including but not limited to visual, literary,
performing, or musical arts;

(16)
an expenditure by a licensed fraternal organization or a licensed
veterans organization for payment of water, fuel for heating, electricity, and
sewer costs for a building wholly owned or wholly leased by and used as the
primary headquarters of the licensed veterans organization orfraternal organization;

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page
7549

(17) expenditure by a licensed
veterans organization of up to $5,000 in a calendar year in net costs to the
organization for meals and other membership events, limited to members and
spouses, held in recognition of military service.No more than $5,000 can be expended in total per calendar year
under this clause by all licensed veterans organizations sharing the same
veterans post home;

(18)
payment of fees authorized under this chapter imposed by the state of Minnesota
to conduct lawful gambling in Minnesota; or

(19) a
contribution or expenditure to honor an individual's humanitarian service as
demonstrated through philanthropy or volunteerism to the United States, this
state, or local community.

(b)
Notwithstanding paragraph (a), "lawful purpose" does not include:

(1)
any expenditure made or incurred for the purpose of influencing the nomination
or election of a candidate for public office or for the purpose of promoting or
defeating a ballot question;

(2)
any activity intended to influence an election or a governmental
decision-making process;

(3)
the erection, acquisition, improvement, expansion, repair, or maintenance of
real property or capital assets owned or leased by an organization, unless the
board has first specifically authorized the expenditures after finding that (i)
the real property or capital assets will be used exclusively for one or more of
the purposes in paragraph (a); (ii) with respect to expenditures for repair or
maintenance only, that the property is or will be used extensively as a meeting
place or event location by other nonprofit organizations or community or
service groups and that no rental fee is charged for the use; (iii) with
respect to expenditures, including a mortgage payment or other debt service
payment, for erection or acquisition only, that the erection or acquisition is
necessary to replace with a comparable building, a building owned by the
organization and destroyed or made uninhabitable by fire or catastrophe,
provided that the expenditure may be only for that part of the replacement cost
not reimbursed by insurance; (iv) with respect to expenditures, including a
mortgage payment or other debt service payment, for erection or acquisition
only, that the erection or acquisition is necessary to replace with a
comparable building a building owned by the organization that was acquired from
the organization by eminent domain or sold by the organization to a purchaser
that the organization reasonably believed would otherwise have acquired the
building by eminent domain, provided that the expenditure may be only for that
part of the replacement cost that exceeds the compensation received by the
organization for the building being replaced; or (v) with respect to an
expenditure to bring an existing building into compliance with the Americans
with Disabilities Act under item (ii), an organization has the option to apply
the amount of the board-approved expenditure to the erection or acquisition of
a replacement building that is in compliance with the Americans with
Disabilities Act;

(4) an
expenditure by an organization which is a contribution to a parent
organization, foundation, or affiliate of the contributing organization, if the
parent organization, foundation, or affiliate has provided to the contributing
organization within one year of the contribution any money, grants, property,
or other thing of value;

(5) a
contribution by a licensed organization to another licensed organization unless
the board has specifically authorized the contribution.The board must authorize such a contribution
when requested to do so by the contributing organization unless it makes an
affirmative finding that the contribution will not be used by the recipient
organization for one or more of the purposes in paragraph (a); or

(6) a
contribution to a statutory or home rule charter city, county, or town by a
licensed organization with the knowledge that the governmental unit intends to
use the contribution for a pension or retirement fund.

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page
7550

Subd.
25d.Linked bingo prize pool."Linked bingo prize pool" means the total of all prize money
that each participating organization has contributed to the a
linked bingo game prize and includes any portion of the prize pool that is
carried over from one occasion to another in a progressive linked bingo game.No participating organization may
contribute more than $300 per bingo occasion to a linked bingo prize pool.

Subdivision
1.Expenditure
restrictions.Gross profits from
lawful gambling may be expended only for lawful purposes or allowable expenses
as authorized by the membership of the conducting organization at a monthly
meeting of the organization's membership.Provided that no more than 70 percent of the gross profit less the
tax imposed under section 297E.02, subdivision 1, from bingo, and no more
than 60 percent of the gross profit from other forms of lawful gambling, may be
expended biennially during the term of the license for allowable expenses
related to lawful gambling.For
licenses issued after June 30, 2006, compliance with this subdivision will be
measured on a biennial basis that is concurrent with the term of the
license.Compliance with this
subdivision is a condition for the renewal of any license beginning on July 1,
2008.For licenses renewed with an
effective date between July 1, 2006, and June 30, 2008, an organization shall
carry forward an amount equal to 15 percent of any positive allowable expense
carryover amount.This balance must be
used to offset any future negative expense balance at the time of license
renewal.

Subd.
8.Linked
bingo games.(a) A licensed
organization may conduct or participate in anot more than two linked
bingo game in association with one or more other licensed organizations
games per occasion, one of which may be a progressive game in which a portion
of the prize is carried over from one occasion to another until won by a player
achieving a bingo within a predetermined amount of bingo numbers called.

(b)
Each participating licensed organization shall contribute to each prize awarded
in a linked bingo game in an amount not to exceed $300 per occasion.

(c)
The board may adopt rules to:

(1)
specify the manner in which a linked bingo game must be played and how the
linked bingo prizes must be awarded;

(2)
specify the records to be maintained by a linked bingo game provider;

(3)
require the submission of periodic reports by the linked bingo game provider
and specify the content of the reports;

(4)
establish the qualifications required to be licensed as a linked bingo game
provider; and

(5)
any other matter involving the operation of a linked bingo game.

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page 7551

Sec.
7.Minnesota Statutes 2006, section
349.211, is amended to read:

349.211 PRIZE LIMITS.

Subdivision
1.Bingo.Except as provided in subdivisions 1a and 2,
prizes for a single bingo game may not exceed $200 except prizes for a
cover-all game, which may exceed $200 if the aggregate value of all cover-all
prizes in a bingo occasion does not exceed $1,000.Total prizes awarded at a bingo occasion may not exceed $2,800,
unless a cover-all game is played in which case the limit is $3,800.A prize may be determined based on the value
of the bingo packet sold to the player.For purposes of this subdivision, a cover-all game is one in which a
player must cover all spaces except a single free space to win and includes
a game in which all odd or all even numbers are designated by the organization
as covered prior to the start of the game.

Subd.
1a.Linked bingo prizes.Prizes
for a linked bingo game shall be limited as follows:

(1) no
organization may contribute more than $300 per occasion to a linked
bingo game to a linked bingo prize pool; and

(2) if
an organization contributes to a linked bingo game prize pool, the
organization's aggregate value of cover-all prizes available during the bingo
occasion must be reduced by the amount contributed to the linked bingo game
prize pool. no organization may award more than $200 for a linked bingo
game consolation prize.For purposes of
this subdivision, a linked bingo game consolation prize is a prize awarded by
an organization after a prize from the linked bingo prize pool has been won;
and

(3)
for a progressive linked bingo game, if no player declares a valid bingo within
the predetermined amount of bingo numbers called, a portion of the prize is
carried over to another occasion until the accumulated prize is won.The portion of the prize that is not carried
over must be awarded to the first player or players who declares a valid bingo
as additional numbers are called.If a
valid bingo is declared within the predetermined amount of bingo numbers
called, the entire prize pool for that game is awarded to the winner.The annual limit for progressive bingo game
prizes contained in subdivision 2 must be reduced by the amount an organization
contributes to progressive linked bingo games during the same calendar year.

Subd.
2.Progressive
bingo games.Except as provided
in subdivision 1a, a prize of up to $2,000 may be awarded for a progressive
bingo game, including a cover-all game.The prize for a progressive bingo game may start at $500 and be
increased by up to $100 for each occasion during which the progressive bingo
game is played.A consolation prize of
up to $200 for a progressive bingo game may be awarded in each occasion during
which the progressive bingo game is played and the accumulated prize is not
won.The total amount awarded in
progressive bingo game prizes in any calendar year may not exceed $48,000.

Subd.
2a.Pull-tab prizes.The
maximum prize which may be awarded for any single pull-tab is $599, not
including any cumulative or carryover prizes.Cumulative or carryover prizes in a pull-tab game shall not exceed
$2,500.An organization may not sell
any pull-tab for more than $2 $5.

Subd.
2b.Paddlewheel prizes.The
maximum cash prize which may be awarded for a paddleticket is $70.An organization may not sell any
paddleticket for more than $2.

Subd.
2c.Tipboard prizes.The
maximum prize which may be awarded for a tipboard ticket is $599, not including
any cumulative or carryover prizes.Cumulative or carryover prizes in tipboard games shall not exceed
$2,500.An organization may not sell
any tipboard for more than $5.

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page 7552

Subd.
3.Other
gambling.The board by rule shall
establish a schedule of prize limits for all other forms of gambling consistent
with the purposes set out in section 349.11.The schedule may include daily and annual prize limits and prize limits
for each game, raffle or operation of a gambling device.

Subd. 4.Prize
value.(a) Merchandise prizes must
be valued at their fair market value.For purposes of sections 349.11 to 349.22 "prizes" do not
include free plays awarded.

(b) Merchandise prizes for a
paddlewheel consisting of 30 numbers or less or a tipboard consisting of 30
tickets or less may be paid for by the organization up to 30 days after the
prize is received by the organization.

Sec. 8.REPEALER.

Minnesota Statutes 2006,
section 349.19, subdivision 2b, is repealed.

Sec. 9.EFFECTIVE
DATE.

Section 4 is effective July
1, 2007.Sections 5 to 8 are effective
the day following final enactment."

Greiling moved that the House concur in the Senate amendments
to H. F. No. 2245 and that the bill be repassed as amended by
the Senate.

A roll call was requested and properly seconded.

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page 7554

Buesgens moved that the House refuse
to concur in the Senate amendments to H. F. No. 2245, that the
Speaker appoint a Conference Committee of 5 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.

A roll call was requested and properly seconded.

The question was taken on the Buesgens motion and the roll was
called.There were 46 yeas and 87 nays
as follows:

Those who voted in the affirmative were:

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Kohls

Kranz

Liebling

Magnus

McFarlane

McNamara

Nornes

Norton

Olson

Ozment

Paulsen

Peppin

Ruth

Seifert

Severson

Shimanski

Simpson

Sviggum

Tingelstad

Tschumper

Wardlow

Welti

Westrom

Zellers

Those who voted in the negative were:

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Urdahl

Wagenius

Walker

Ward

Winkler

Wollschlager

Spk. Kelliher

The motion did not prevail.

The question recurred on the Greiling motion that the House
concur in the Senate amendments to H. F. No. 2245 and that the bill be
repassed, as amended by the Senate, and the roll was called.There were 86 yeas and 48 nays as follows:

Those who voted in the affirmative were:

Anderson, S.

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dominguez

Doty

Eken

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lanning

Lenczewski

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page
7555

Lesch

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

McFarlane

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Wagenius

Walker

Ward

Winkler

Wollschlager

Spk. Kelliher

Those who voted in the negative were:

Abeler

Anderson, B.

Beard

Berns

Brod

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Dittrich

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Kohls

Liebling

Magnus

McNamara

Nornes

Norton

Olson

Ozment

Paulsen

Peppin

Peterson, N.

Ruth

Seifert

Severson

Shimanski

Simpson

Sviggum

Tingelstad

Tschumper

Urdahl

Wardlow

Welti

Westrom

Zellers

The motion prevailed.

Hansen, Loeffler, Ozment and Wollschlager were excused while in
conference.

CALL
OF THE HOUSE

On the motion of Emmer and on the demand of 10 members, a call
of the House was ordered.The following
members answered to their names:

Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Kranz

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Paulsen

Pelowski

Peppin

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Ward

Wardlow

Welti

Westrom

Winkler

Zellers

Spk. Kelliher

Thissen moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees.The motion prevailed and it
was so ordered.

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page
7556

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page
7558

CONCURRENCE AND REPASSAGE

Huntley moved that the House concur in the Senate amendments to
H. F. No. 1078 and that the bill be repassed as amended by the
Senate.

A roll call was requested and properly seconded.

Finstad moved that the House refuse to concur in the Senate
amendments to H. F. No. 1078, that the Speaker appoint a
Conference Committee of 5 members of the House, and that the House requests
that a like committee be appointed by the Senate to confer on the disagreeing
votes of the two houses.

A roll call was requested and properly seconded.

The question was taken on the Finstad motion and the roll was
called.There were 47 yeas and 87 nays
as follows:

Those who voted in the affirmative were:

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Cornish

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Eken

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Hamilton

Heidgerken

Holberg

Hoppe

Howes

Kohls

Lanning

Magnus

McFarlane

McNamara

Nornes

Olson

Ozment

Paulsen

Peppin

Peterson, N.

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Sviggum

Swails

Tingelstad

Urdahl

Wardlow

Westrom

Zellers

Those who voted in the negative were:

Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Faust

Fritz

Gardner

Greiling

Gunther

Hackbarth

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher

The motion did not prevail.

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page
7559

The question recurred on the Huntley motion that the House
concur in the Senate amendments to H. F. No. 1078 and that the bill be
repassed, as amended by the Senate, and the roll was called.There were 86 yeas and 48 nays as follows:

Those who voted in the affirmative were:

Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

McFarlane

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher

Those who voted in the negative were:

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Eken

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Juhnke

Kohls

Lanning

Magnus

McNamara

Nornes

Olson

Ozment

Paulsen

Peppin

Peterson, N.

Seifert

Severson

Shimanski

Simpson

Smith

Sviggum

Swails

Tingelstad

Urdahl

Wardlow

Westrom

Zellers

The motion prevailed.

H. F. No. 1078, as amended by the Senate, was read for the
third time.

CALL
OF THE HOUSE

On the motion of Brod and on the demand of 10 members, a call
of the House was ordered.The following
members answered to their names:

Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Emmer

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Kahn

Kalin

Knuth

Koenen

Kohls

Kranz

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page 7560

Mariani

Marquart

Masin

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tschumper

Urdahl

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher

Thissen moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees.The motion prevailed and it
was so ordered.

PREVIOUS
QUESTION

Sertich moved the previous question and the motion was properly
seconded.The motion prevailed and the
previous question was so ordered.

With more than $5 billion in tax and fee increases, this bill
would impose an unnecessary and onerous financial burden on Minnesota citizens
and would weaken our state's economy.The entire array of tax increases in this bill would cost an average
family in Minnesota up to $500 per year.

As I clearly stated to the legislative conference committee
that crafted this legislation, I remain opposed to increasing the tax burden on
Minnesota families.With gasoline
prices rising to historic highs, a gas tax increase of up to 7.5 cents per
gallon is untimely and misguided.

While the media have focused on the gas tax increase, other
provisions in this bill need to be highlighted, including:

●A 0.5% sales tax increase in the seven metro
counties and any adjacent county that chooses to join in without a voter
referendum.This will result in
Minneapolis and Hennepin Counties having one of the higher sales tax rates in
the nation.

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page 7569

●A new $20 excise tax on motor vehicle purchases.

●Removal of the requirement that metropolitan
counties that impose a wheelage tax ($10) offset that amount on their property
tax levy, effectively increasing property taxes.

●Removal of caps on "license tabs"
which limit the tax to $189 in the second year after a car is purchased and $99
in the third year, instituted at the recommendation of Governor Ventura during
the 2000 legislative session, subjecting car owners to significant increases.

I am disappointed that the conference committee did not adopt
my transportation proposal and once again overreached.This type of overreaching has resulted in a
transportation funding stalemate at the Capitol for too many years.Steady progress that is achievable is
preferable to no progress at all.

Along with the numerous tax increases, the following provisions
in the bill are also objectionable:

●I remain opposed to the provision creating a
new joint powers entity in the metropolitan area with powers to distribute
transportation funds to counties, cities, and the state.The proposed governing board would create a
duplicative and unnecessarily complicated structure and add unnecessary process
at the local, state and federal levels.Separating transportation spending decisions from the regional
transportation planning function - as H. F. No. 946 would do - would be a
step backward (recall the Regional Transit Board).This provision is bad public policy and would likely feature
parochial decision making over an objective, regional perspective for
transportation and transit planning, capital investments, and operations.

●I also remain opposed to the provision that
severely restricts the extent to which a county regional rail authority may
participate in financing the construction and operation of a transit
project.This provision will have a
negative impact on Minnesota's ability to compete for federal capital transit
funding for future "new starts" projects, and it could also have an
immediate negative - or even fatal - impact on the Northstar commuter rail
project.This provision would
necessitate a restructuring of the Northstar capital financing plan that has
been submitted to the Federal Transit Administration.The restructuring effort could delay the project, putting in
question the project's ability to remain eligible for federal funding.

The bill includes many items on which we share some agreement,
such as a significant level of trunk highway bonding to accelerate long-delayed
priority highway projects, the distribution of constitutionally dedicated motor
vehicle sales taxes (MVST) with a ratio of 60 percent for roads and highways
and 40 percent for transit, and the dedication of sales tax revenues on leased
vehicles to highways and transit.However, I strongly urge the Legislature to adhere to my earlier
proposal to include leased vehicle sales tax revenue in the base of the
constitutionally dedicated MVST fund, and distribute the overall transit
portion 38 percent for Metro area transit and 2 percent for Greater Minnesota
transit.This formula will ensure that
transit systems across the state will have additional funds to meet their
future operating obligations.

I am issuing my veto promptly because I believe there is still
time this session for the Legislature to pass a significant transportation
financing bill - without tax increases - that I can sign into law.Investing in transportation is important to
the citizens of Minnesota and a top priority of my administration.I urge the Legislature to approve my
administration's transportation financing proposal and help us move forward in
addressing Minnesota's transportation needs.

Sincerely,

Tim
Pawlenty

Governor

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page 7570

MOTION
TO OVERRIDE VETO

Lieder moved that H. F. No. 946, Chapter No. 84, be now
reconsidered and repassed, the objections of the Governor notwithstanding,
pursuant to Article IV, Section 23, of the Constitution of the State of
Minnesota.

PREVIOUS
QUESTION

Sertich moved the previous question and the motion was properly
seconded.

A roll call was requested and properly seconded.

The question was taken on the Sertich motion for the previous
question and the roll was called.

Sertich moved that those not voting be excused from
voting.The motion prevailed.

There were 84 yeas and 46 nays as follows:

Those who voted in the affirmative were:

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher

Those who voted in the negative were:

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erhardt

Erickson

Finstad

Gottwalt

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Kohls

Lanning

Lenczewski

Magnus

McFarlane

McNamara

Nornes

Olson

Ozment

Paulsen

Peppin

Peterson, N.

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Sviggum

Urdahl

Wardlow

Westrom

Zellers

The motion prevailed and the previous question was so ordered.

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page 7571

The question recurred on the Lieder
motion that H. F. No. 946, Chapter No. 84, be now reconsidered and repassed,
the objections of the Governor notwithstanding, pursuant to Article IV, Section
23, of the Constitution of the State of Minnesota and the roll was called.There were 83 yeas and 50 nays as follows:

Those who voted in the affirmative were:

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Spk. Kelliher

Those who voted in the negative were:

Abeler

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Kohls

Lanning

Magnus

McFarlane

McNamara

Nornes

Olson

Otremba

Ozment

Paulsen

Peppin

Peterson, N.

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Sviggum

Tingelstad

Urdahl

Wardlow

Westrom

Wollschlager

Zellers

Not having received the constitutionally required two-thirds
vote, the bill was not reconsidered and repassed, the objections of the
Governor notwithstanding.

TAKEN
FROM THE TABLE

Lenczewski moved that H. F. No. 2268, as
amended by the Senate, be taken from the table.The motion prevailed.

CONCURRENCE
AND REPASSAGE

Lenczewski moved that the House concur in the Senate amendments
to H. F. No. 2268 and that the bill be repassed as amended by
the Senate.

A roll call was requested and properly seconded.

Journal of the House - 75th Day -
Monday, May 21, 2007 - Top of Page 7572

PREVIOUS
QUESTION

Sertich moved the previous question and the motion was properly
seconded.

A roll call was requested and properly seconded.

The question was taken on the Sertich motion for the previous
question and the roll was called.

Sertich moved that those not voting be excused from
voting.The motion prevailed.

There were 88 yeas and 43 nays as follows:

Those who voted in the affirmative were:

Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Gardner

Greiling

Hamilton

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Wagenius

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher

Those who voted in the negative were:

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Heidgerken

Holberg

Hoppe

Kohls

Lanning

McFarlane

McNamara

Nornes

Olson

Ozment

Paulsen

Peppin

Peterson, N.

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Sviggum

Urdahl

Wardlow

Westrom

The motion prevailed and the previous question was so ordered.

The question recurred on the Lenczewski motion that the House
concur in the Senate amendments to H. F. No. 2268 and that the
bill be repassed, as amended by the Senate, and the roll was called.There were 85 yeas and 48 nays as
follows:

Those who voted in the affirmative were:

Abeler

Anzelc

Atkins

Bigham

Bly

Brown

Brynaert

Carlson

Clark

Davnie

Dill

Dominguez

Doty

Eken

Faust

Fritz

Gardner

Hansen

Journal
of the House - 75th Day - Monday, May 21, 2007 - Top of Page
7573